Agenda and draft minutes

Licensing Sub-Committee (2) - Thursday 17th December, 2015 10.00 am

Venue: Rooms 5, 6 & 7 - 17th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6 QP. View directions

Contact: Jonathan Deacon  Email:  jdeacon@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

There were no changes to the Membership.

2.

Declarations of Interest

To receive declarations by Members and Officers of any personal or prejudicial interests in matters on this agenda.

Minutes:

There were no declarations of interest.

1.

Waterstone's, 203-206 Piccadilly, W1 pdf icon PDF 3 MB

App

No

Ward / Stress Area

Site Name and Address

Application

Licensing Reference Number

1.

St James’s Ward / not in stress area

Waterstone's, 203-206 Piccadilly, W1

Variation

15/09428/LIPV

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 17th December 2015

 

Membership:              Councillor Nickie Aiken (Chairman), Councillor Nick Evans and Councillor Murad Gassanly

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

 

Waterstone’s, 203-206 Piccadilly, W1

15/09428/LIPV

 

Application adjourned at the request of the Applicant prior to the hearing.

 

 

 

2.

Sir John Balcombe, 21 Balcombe Street, NW1 pdf icon PDF 25 MB

App

No

Ward / Stress Area

Site Name and Address

Application

Licensing Reference Number

2.

Bryanston And Dorset Square Ward / not in stress area

Sir John Balcombe, 21 Balcombe Street, NW1

Review

15/08646/LIREVP

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 17th December 2015

 

Membership:              Councillor Nickie Aiken (Chairman), Councillor Nick Evans and Councillor Murad Gassanly

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

 

Representations:           Residents both in support of the review (x5) and in support of the premises (x15). Environmental Health in support of the review.

 

Also Present:    Mr Gerald Gouriet QC (Representing the Applicants), Mr James McDonaugh and Mrs Natalie McDonaugh (Applicants), Mr Anil Drayan (Environmental Health), Ms Kay Cummings (Senior City Inspector), Mr Philip Kolvin QC (Representing the Licence Holder), Mr Richard Taylor (Solicitor, on behalf of the Licence Holder), Mr Rhys Scrivener (Noise Consultant on behalf of Licence Holder), Mr Paul Harbottle (Premises Manager), Ms Cynthia Poole (Chair of the Planning Committee for St Marylebone Society), Mr Brian and Mrs Elizabeth Aubrey (local residents), Mrs O’Connell (local resident), Mr Ollie Brown (local resident), Ms Gaby Higgs (local resident).

 

Sir John Balcombe, 21 Balcombe Street, NW1

15/08646/LIREVP

 

An application submitted by Mr James McDonaugh, Mrs Natalie McDonaugh and Mr Jacob Rawel for a review of the premises licence was received on 6 October 2015 on the grounds of the Prevention of Public Nuisance, Crime and Disorder & Protection of Children from Harm.

 

Decision:

 

The Sub-Committee considered all of the material received from the parties involved carefully.  The Sub-Committee also heard submissions and evidence at a hearing lasting for approximately four hours prior to Members retiring to a different room to reach a decision.

 

The Sub-Committee initially heard from Mr Gouriet, representing the Applicants.  He referred to a photograph by Enterprise Inns, the Licence Holder, taken on the evening of 17 July 2015 (page 277 of the report) which showed customers standing and drinking outside the Sir John Balcombe Public House.  This had been included in Mr Scrivener’s report which had also mentioned that on the evening of 16 July 2015 and 17 July 2015 the number of people drinking externally on both sides of the venue in Balcombe Street and Taunton Mews between 18:30 and 19:30, in the Licence Holder’s view was likely to have been approximately 80.  The patrons drinking outside the pub, Mr Gouriet asserted, were causing noise nuisance to his clients. 

 

Audio and video recorded by Mr and Mrs McDonaugh was played and shown to the Sub-Committee.  Mr Gouriet made the point that the recordings were an indication of the level of noise given that they were taken on a mobile phone.  The recordings were made in different locations including one made three floors above the McDonaugh’s premises next door to the pub at 13:03 hours on 30 May 2015.  This was an audio recording (from the day of the FA Cup Final) which appeared to include the raised voices and chants of football supporters.  A second video recording taken from the McDonaugh’s bedroom window on 15 August 2015 at 23:15 hours demonstrated the effects of a crowd of people outside.  A similar third video recording was taken from the window of the premises  ...  view the full minutes text for item 2.